Trials

The trial list below does not include all the trials where Mr. Dayan secured complete acquittals on all counts. Included here is information on only those trials that – to others – might have seemed nearly impossible to win.

31.Federal Jury acquits defendant after trial: Federal interstate investigation and sting operation directly linked reputed Gambino crime family associate to a drug-smuggling plot that unraveled in Illinois and delivered to New York. Evidence at trial consisted of telephone records, consensual telephone recordings, testimony of cooperating co-conspirators, testimony of law enforcement agents and evidence of a high-speed vehicular chase involving defendant and federal DEA agents. Defendant, who at the time of trial was on federal probation for a bank burglary, was unable to testify and was exposed to twenty years of incarceration if convicted. Mr. Dayan secured an acquittal on all counts after trial in Federal Court. (Federal Court Eastern District of New York) CLIENT REFERENCE #7 IN THE NEWS

32.Federal Jury acquits defendant after trial: FBI sting operation implicated four defendants, N.Y. based businessmen, on charges of possession of money laundering, criminal possession of highly valued stolen jewelry and related federal charges. Evidence against defendant consisted of many hours of audio wiretaps, testimony by cooperating witnesses, FBI agents’ testimony, video surveillance and other physical evidence. After a highly charged federal trial, MR. Dayan’s client was acquitted on all major counts, including all the Money Laundering counts, and the jury deadlocked on the one remaining minor-count. The defendant was later offered an uncommon federal misdemeanor. (Federal Court Southern District of New York) CLIENT REFERENCE #37

33.Federal Jury acquits defendant after trial: Lead Defendant Charged With Securities Fraud And Money Laundering. Two year long government investigation produced evidence of over 900 hours of recordings, several co-operating witnesses, hundreds of victims, thousands of documents and millions of dollars in fraudulent trading. After two months on trial, Mr. Dayan, secured an acquittal on all the Money Laundering counts and the substantive count of Securities Fraud. Defendant was convicted of a singe count of conspiracy. (Federal Court Eastern District of New York)

34.Federal Jury deadlocked on all counts after trial: Defendant, former professional boxer, alleged member of the Russian mob, charged as the leader and organizer in an Extortion Conspiracy. Evidence at trial consisted of consensually recorded telephone conversations, testimony by the FBI and the NYPD, video and still picture surveillances implicating defendant in the ‘act’, pictures and medical reports evidencing physical injury inflicted to the victim by the defendant, testimony of victim and other eye-witnesses’ testimony. After a highly contested federal trial, Mr. Dayan secured the result of a “Jury Deadlocked” on all counts. (Federal Court Easter District of New York) CLIENT REFERENCE #52

35.Federal Jury deadlocked on all counts after trial: Defendant, supervising U.S. customs agent, charged in a U.S. airport Bribery Scheme. The indictment charged the defendant, a U.S. airport supervisory Customs Agent, as a leader in a conspiracy to shake down arriving to U.S. passengers in possession of contraband. Evidence at trial consisted of consensually recorded conversations implicating the defendant, testimony by all four of the other cooperating co-conspirators implicating the defendant as the leader of the conspiracy, testimony by the FBI agents, testimony of victims of extortion implicating the defendant and other physical evidence. After a highly contested federal trial, Mr. Dayan and co-counsel secured the result of a “Jury Deadlocked” on all counts. (Federal Court Eastern District Of New York)

36.Federal Jury deadlocked on all counts after trial: Defendant was implicated in a federal sting operation, attempting to transfer large amount of U.S. counterfeit currency to a government agent. Defendant’s conversation, arranging for the sale of the counterfeit currency, was intercepted on a wiretap. Evidence at trial also consisted of consensual recordings, video surveillance, testimony of cooperating witnesses, testimony of U.S. Secrete Service agents and other physical evidence. Mr. Dayan and co-counsel secured the result of a “Jury Deadlocked” on all counts. (Federal Court Eastern District of New York)

37.Jury acquits father and son after trial on all counts of indictment, charging Bribery of hi-ranking police officers, notwithstanding evidence of audio recordings, incriminating notes in defendants’ own handwriting and testimony of veteran police officers. (New York State Supreme Court) CLIENT REFERENCE #13 IN THE NEWS

38. Jury acquits defendant after trial on Murder and related counts, notwithstanding three written and video recorded confessions made by the defendant, purportedly admitting to the charges against him. And he was in possession of the same gun used at the shooting at the time of his arrest approximately two hours after the incident.Despite seemingly overwhelming incriminating evidence in this case, particularly the three “full” confessions made by the defendant. Mr. Dayan secured an extraordinary verdict of “Not Guilty” on all counts except for the unavoidable one count of unlawful possession of a weapon that was retrieved from defendant at the time of his arrest. (New York State Supreme Court Indictment No. 0310002) CLIENT REFERNCE #38 IN THE NEWS

39.Jury acquits defendant after trial on Murder and related counts, notwithstanding three unarmed-victims and defendant’s illegal intrastate transportation of his gun from Pennsylvania to New York. Defendant, with alleged ties to organized crime, illegally transported interstate in to New York his Pennsylvania registered gun. In the course of a verbal business dispute in New York defendant shot at three unarmed victims. Two survived with serious bodily injuries and the third was pronounced deceased at the scene. Defended absconded prior to police arrival, but he was immediately identified as the shooter by surviving victims and known associates and was apprehended in Pennsylvania and extradited to New York. Identification was not at issue. Ballistic experts connected all the casings and bullets at the crime scene to be from a single weapon registered to the defendant in Pennsylvania. Mr. Dayan effectively prepared exculpatory physical evidence from the crime scene consisting of ballistics, shell casings, bullet projections and blood type and spatter. Despite overwhelming evidence to the contrary in this case, Mr. Dayan secured an extraordinary verdict of “Not Guilty” on all counts except for the unavoidable one count of possession of unregistered weapon in New York. (New York State Supreme Court Indictment No. 0818805) CLIENT REFERENCE #39 IN THE NEWS

40.Jury acquits defendant after trial on all counts of Attempted Murder and related counts, notwithstanding testimony by two victims with gun-shot wounds and four independent eyewitnesses for the prosecution and defendant not able to testify in his defense. Well-known defendant, from the record-music-industry, was charged with two counts of Attempted Murder and Criminal Possession of a Weapon with intent to use it and other very serious Assault charges. If convicted, defendant was facing 15 to life on each count. Evidence presented by prosecution at trial consisted of testimony by two victims with serious bodily injury consistent with use of a firearm and testimony by four additional independent civilian eye witnesses testimony, that defendant-who all the witnesses were acquainted to prior to the incident- approached the victims and after a brief discussion with victims brandished a gun and began shooting at them. Additional testimony at trial consisted of crime scene detectives, ballistic experts and medical experts. In addition to the overwhelming physical and testimonial evidence pointing to defendant’s guilt, the prosecution argued the theory of consciousness of guilt on the part of the defendant because he ran away from the scene before police arrived. Identification was not at issue. Prosecution presented nine (9) witnesses. Defendant could produce no eyewitnesses in his defense and was him self-unable to testify due to a prior similar bad act subject to cross-examination. Despite overwhelming physical, testimonial, circumstantial and emotional evidence to the contrary in this case, Mr. Dayan secured the extraordinary verdict of “Not Guilty” all counts. CLENT (New York State Supreme Court) REFERENCE #40

41.Jury acquits defendant after trial, on all counts of possession of a Weapon with intent to use it and related very serious charges, notwithstanding defendant apprehended in possession of the gun. Evidence at trial consisted of Eyewitness dispatch 911 of a verbal and physical dispute in progress with the use firearm. NYPD detectives testified at trial, that upon their arrival on the scene they immediately observed the defendant, with alleged ties to the mob, rush into his car and attempt to flee at a high rate of speed. Defendant’s physical description and description of his vehicle were exactly described by the 911 caller. When defendant was instantly apprehended by the police and was directed to exit his vehicle, police observed in “plain view” a loaded gun protruding “half-way” from under his driver’s seat. The gun was admitted into evidence at trial and defendant was not able to testify in his own defense do to a prior conviction. After a highly contested trial, and despite all the evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Supreme Court) CLIENT REFERENCE #1

42.Jury acquits defendant after trial, on all counts of possession of a Weapon, Assault 1st and 2nd Degree and related very serious charges, notwithstanding accurate description of the defendant by the victim and eyewitnesses, serious physical injury to the complaining victim, and defendant found in possession of the same weapon at the time of his arrest.Evidence at trial consisted of victim and other eyewitness 911 dispatch of an assault with weapon in progress. Upon arrival, police observed the victim with serious bodily injury. Defendant was immediately described and identified a short time later by witnesses in a canvas identification procedure. When defendant was apprehended by the police, tucked inside his jacket was the same distinct weapon as was initially described by the victim and witnesses. Evidence at trial consisted of testimony of the victim, eyewitnesses, police officers, crime scene personnel and the recovered weapon. After a highly contested trial, and despite overwhelming evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts. CLIENT REFERENCE #15

43.Jury acquits defendant after trial, on all counts of Rape In The First Degree and related serious charges, notwithstanding a three page “Full” confession prepared by the defendant.At the time of his arrest, defendant executed a three page full confession in his own handwriting attesting to the truthfulness of the allegations against him and, at the request of the interrogating officer, defendant prepared a detailed drawing depicting the exact location of the alleged rape known at that specific time only to the complaining victim, the police and the alleged perpetrator. Defendant’s purported confession, admitted into evidence at trial, described in horrific detail how, as the complaining victim was passing him by in a secluded area, he grabbed her from behind and dragged her into the near by wooden area where he allegedly raped her. After the alleged incident, the complaining victim made an immediate outcry and that she was certain that it was the defendant whom she recognized as the man residing several private houses away from her residence. Rape kit was performed, with physical evidence supporting complainant’s allegations of penetration and the identity of defendant. Evidence at trial consisted of the emotional testimony by the purported victim, the three page full confession written in defendant’s handwriting along with the detailed drawings, scientific evidence, testimony by law enforcement personnel, medical field personnel and expert witnesses. In addition to the introduction of what was seemingly conclusive evidence of defendant’s guilt at trial, there was initially present in the courtroom a high degree of prejudice against the defendant, who was a foreigner in a mid-size American town where the entire jury panel and the victim were from. Despite overwhelming evidence and prejudices against the defendant in this case, Mr. Dayan proved that the accused was innocent and secured a “Not Guilty” verdict on all counts. (New York State Supreme Court) CLIENT REFERENCE #27

44.Jury acquits defendant after trial, on all counts of attempted rape, assault and other related charges, notwithstanding defendant apprehended in the alleged “act”. Two associates from a Manhattan firm were left alone in the office suite after a Christmas party. After hearing screams emanating from the office suite, building janitor called 911. Police arrive on the scene where complainant made an immediate outcry. Police observed defendant with bloody nose, pants unbuttoned, unzipped and hanging to his knees. Evidence at trial consisted of complainant’s testimony, transcript of the 911 call, witnesses from the building and police officers. Despite seemingly overwhelming evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Criminal Court) CLIENT REFERENCE #41

45.Judge acquits defendant after Bench Trial on all counts of Sex Abuse and related charges, notwithstanding alleged attack in public and in view of dozens of witnesses.Co-ed student charged with Sex Abuse, Assault and related charges on another student. There was an immediate outcry made by the complainant. Evidence at trial consisted of an admission made by the accused, testimony by the complainant, dozens of eyewitnesses available to the prosecutor and other physical evidence. Mr. Dayan secured a “Not Guilty” verdict on all counts.(New York State Juvenile Court)

46.Jury acquits defendant after trial on all counts of burglary, possession of stolen property, possession of burglar’s tools and related charges, notwithstanding defendants arrested in the alleged act and in possession of burglars’ tools.Evidence at trial consisted of eyewitness 911 dispatch of burglary in progress, and testimony by police officers describing that when police arrived, defendants, two brothers, are the only ones found at the scene of the nighttime burglary, in possession of burglars’ tools. Neither one of the defendants resided in close vicinity to the alleged burglary. Neither one of the defendants was able to testify in their own defense. Evidence at trial consisted of eyewitness testimony, burglar’s tools, police testimony and other physical evidence. Mr. Dayan and co-counsel secured a “Not Guilty” verdict on all counts. (New York State Supreme Court) CLIENT REFERENCE #42

47.Jury acquits defendant after trial, on all counts of Vehicular Assault on six police officers with serious bodily injuries and related charges, notwithstanding seemingly credible eye-witness testimony by all six alleged police officer-victims . All six experienced police officers from New York’s 61st police precinct with serious injuries testified at trial that, during a police sting operation targeted at the same defendant, defendant in an attempt to resist arrest and flee from the crime scene, intentionally used his vehicle as a “weapon” to inflict serious bodily injury on the six police officers. Defendant was unable to testify in his own defense due to prior criminal record. Despite the overwhelming evidence to the contrary, Mr. Dayan secured a “Not Guilty” verdict on all counts, including the underlying count for which this defendant was targeted prior to the alleged assault. (New York State Criminal Court) CLIENT REFERENCE #1

48.Jury acquits defendant on all counts after trial: Defendant, an ex-member of the Russian Military Special Forces, accused of Larceny and Assault with serious bodily injury. On March 12th, 2013, a Manhattan jury acquitted defendant of all charges despite serious allegations of theft of thousands of dollars worth of jewels and severe fractures sustained by jewelry-store-owner. Evidence at trial consisted of testimony by a sixty year old female victim store owner with fractures, independent eye-witness for the prosecution, 911 police dispatch, testimony by two high-ranking police officers, medical hospital records -- indicating fracture to the arm, laceration and bleeding to the face and other injuries sustained by victim, and the extremely effective testimony for the prosecution by a medical expert who attempted to corroborate the particular nature of injuries in this case with the events as described by the victim and eye witness. Notwithstanding all of the seemingly incriminating evidence presented by the prosecution, Mr. Dayan secured a “Not Guilty” verdict on all counts. (Ne York State Criminal Court) CLIENT REFERENCE #45

49.Judge acquits defendant on all counts after bench trial, notwithstanding allegations of menacing with a gun in connection to a business dispute.Evidence at trial consisted of testimony by purported victim, independent eyewitnesses, police testimony and other physical evidence. Mr. Dayan secured a “Not Guilty” verdict on all criminal counts. (New York State Criminal Court) CLIENT REFERENCE #47

In the course of a highly competitive publicized chess tournament in NYC, defendant, in presence of other competitors, alleged to have assaulted another tournament participant with chessboard causing serious physical injury. It was a fervently contested trial by highly intelligent complaining victim and other brainy eyewitnesses from the chess tournament. But Mr. Dayan secured a “Not Guilty” verdict on all counts. (New York State Criminal Court)CLIENT REFERENCE #43

51.Jury acquits defendant after trial on all counts, notwithstanding, defendant charged with assault and menacing on N.Y.C. employee, causing serious bodily injury and inflammatory media coverage of the case. As was described in the New York Times, an affluent defendant “was arrested and charged with assaulting a N.Y.C. construction worker who was using a jackhammer outside his upper west side home at 10:00 am on a Saturday morning”. The case drew much publicity in New York tri-state area and Manhattan prosecutors, in this particular case, were more than ever determined to gain a conviction. Mr. Dayan took over the case from another attorney for trial and secured a “Not Guilty” verdict on all counts. (New York State Criminal Court) CLIENT REFFERENCE #44 IN THE NEWS

53.Jury deadlocked after trial, on all counts of armed robbery and related serious counts, notwithstanding evidence of finger prints placing defendant at the scene, cooperator testimony for prosecution by an accomplice of the defendant and line-up and courtroom identification of defendant by the victim.Defendant, a predicate felon, charged with a gunpoint robbery of a high-end retail store in New York city, possession of a firearm in the second degree and related charges. Evidence at trial consisted of defendant’s prior violent convictions and prior bad acts; testimony of a cooperating coconspirator, implicating the defendant as leader and organizer of the otherwise well planned robbery; defendant’s finger prints were lifted from the get away vehicle and introduced at trial; store owner identified defendant first out of a line-up and thereafter again identified defendant in court at trial as the man with the gun and with “a face that [she] would never forget”; NYPD and crime scene personnel were present at the scene and testified for the prosecution. Despite overwhelming physical and testimonial incriminating evidence against the accused, Mr. Dayan secured the extraordinary result in this case of a “Jury Deadlocked” on all counts. (New York State Supreme Court Indictment No. 4441-01) CLIENT REFERENCE #53